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081121P.pdf 04/09/2009 United States v. Robert Plenty Chief
U.S. Court of Appeals Case No: 08-1121
U.S. District Court for the District of South Dakota
[PUBLISHED] [Smith, Author, with Melloy and Bowman, Circuit Judges]
Criminal case - Criminal law. Evidence was sufficient to support
defendant's convictions for sexual abuse and abusive sexual contact;
various and distinct sex acts within a single course of conduct could be
charged as separate offenses without violating defendant's double
jeopardy rights; further, the crimes of attempted sexual abuse of a minor
and abusive sexual contact have different elements and both could be
charged.